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High Court upholds CFA despite legal aid certificate remaining in place
The High Court has ruled that a conditional fee agreement was valid even though the claimant’s legal aid certificate remained in place. Mr Justice Soole ruled that the certificate had been discharged by conduct.
High Court upholds claim against liquidator “personally responsible” for paying CFA fees
The High Court has rejected an appeal against a Master’s decision to hold that a liquidator was “personally responsible” to pay his solicitors and barristers’ fees under a conditional fee agreement (CFA).
Indemnity principle argument fails to stop payment on account of costs in CFA case
The High Court has rejected an argument that it would be a breach of the indemnity principle to make a payment on account of costs to claimants funded by a conditional fee agreement.
Budgeting has “forced costs up”, LSLA says
Budgeting has “forced costs up and will continue to do so”, John Bramhall, president of the London Solicitors Litigation Association, has said. His comments came as 85% of litigators predicted that post-Jackson budgeting would increase costs.
QOCS “does not apply” to appeals in PI cases started pre-LASPO
Qualified one-way costs shifting (QOCS) does not apply on appeal if it did not apply at first instance, Master Haworth has ruled in the Senior Court Costs Office.
Barristers struggling with costs budgeting, survey finds
Large numbers of barristers are struggling with costs budgeting, with some submitting budgets without even seeing the papers, Bar Council research has shown. It also found that barristers are now much more wary of taking work under CFAs.
“Slip, mistake or oversight” over funding notice was not significant failure, High Court rules
The failure by a claimant’s solicitors to inform the other side of a replacement conditional fee agreement could be accurately described as a “slip, mistake or oversight” and not a “significant” failure under the ruling in Denton, the High Court has decided.
Barristers suffering post-LASPO, says survey
More than half of barristers conducting civil litigation have seen their income fall since implementation of the Jackson reforms, Bar Council research has found. Many barristers have also experienced problems with the transition from pre to post Jackson CFAs.
Legal Ombudsman urges regulators to act over CFA concerns
The profession’s regulators have failed to respond to a Legal Ombudsman report outlining its concerns about the way lawyers are operating conditional fee agreements (CFAs), the chief ombudsman has complained.
Legal Aid Agency bids to map CFA market
The Legal Aid Agency has extended the deadline for an online survey on the availability of conditional fee agreements (CFAs) when clients are looking for legal help.
